Study On The Burden Of Proof In Action Of Environmental Tort

The assignment of burden of proof in action of environmental tort, involving three academic spheres of procedural law, tort law and environmental law, is a currently hot-discussed theory and practical issue, hence, possesses significant value of research. Apart from the introduction and conclusion parts, this thesis is composed of main 4 chapters.Chapter 1 is the overview on assignment of burden of proof in action of environmental tort. In this section, the author cuts in from perspectives of environmental law and discuss particularities of environmental tort and the existent legislation framework in environmental law. For the purpose of laying a foundation for further illustration, a brief clarification and elucidation for the general principles of distributing burden of proof is followed.Chapter 2 is theories and practice of distributing burden of proof in action of environmental tort. Employing the methodology of comparative law, the author comprehensively illustrates criterion of liability, which is the cornerstone of distributing burden of proof. Furthermore, the basic doctrines and practice experience in major countries of the world are analyzed as well. Last but not least, the author also gives an introduction on shifting of burden of proof and related lawmaking practice with respect to distribution of burden of proof in environmental tort.Chapter 3 is reflection on China's approach about distributing burden of proof in Environmental Tort Action. In this chapter, the author took attitude to critical analysis, combined with concrete examples, both from the perspective of substantive law and procedural law, China's environmental burden of proof in civil damages, in particular the so-called "shifting burden of proof" principle into question.The fourth chapter is about rebuilding of assignment system of Burden of Proof in Action of Environmental Tort. In this chapter, tort, damage and causal relationship as three basic environmental elements of tort liability as the main framework, the specific assignment of the burden of proof launches the elaboration and proposed auxiliary building measures, such as the standard of proof, proof methods and the establishment of related systems, in order to helping assignment system of Burden of Proof in Action of Environmental Tort to provide useful advices.